IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
____________ COUNTY , ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS )
)
v. ) Case No. _______________________
)
_________________________________ )
(Defendant)
MOTION TO QUASH
NOW COMES ______________________, by and through its attorney, and
(Center)
moves this Honorable Court to quash the subpoena, and in support thereof states as
follows:
1. That ______________________ received a subpoena in this matter on
(Center)
______________________.
(Date)
2. That ______________________ is a rape crisis organization as defined under
735 ILCS 5/8-802.1(b)(1), Confidentiality of Statements Made to Rape Crisis
Personnel.
3. That the subpoena herein seeks to obtain confidential communications that
occurred between a victim and a rape crisis counselor, while providing information,
counseling and advocacy services to said victim, as defined under 735 ILCS
5/8-802.1(b).
4. That pursuant to 735 ILCS 5/8-802.1(d), a rape crisis counselor is
prohibited from disclosing any confidential communication either by releasing records
pertaining to such communication or by testifying as a witness in any civil or criminal
proceedings without the victim’s consent.
5. That ______________________ has no consent to release any information
(Center)
regarding this subpoena.
6. That the subpoena served upon ______________________ is requiring it to
(Center)
act in a manner that is in violation of the above-referenced statutory provisions.
7. That the Illinois Supreme Court has upheld the constitutionality of the above-
referenced statute in People v. Foggy, 121 Ill.2d 337, 521 N.E.2d 86, 118 Ill.Dec. 18,
cert. denied, 108 S.Ct. 2044 (1988).
WHEREFORE, ______________________ requests this Honorable Court to
(Center)
quash the subpoena herein.
Respectfully submitted,
________________________________
(Signature of Attorney)
Attorney’s Name
Attorney for ______________________ (Center)
Attorney’s Address
Attorney’s Phone Number
Date:
PROOF OF SERVICE
The undersigned attorney certifies that she/he caused a complete copy of the
foregoing Motion to Quash to be served upon the individual(s) listed below by U.S. first
class mail, located at ______________________, Illinois on the _________________
day of ______________________, 20____.
[insert service list]
________________________________
(Signature of Attorney)